Being charged with eluding, resisting, or evading arrest in New Jersey can be a daunting experience. The potential consequences can include hefty fines, jail time, and long-term damage to your reputation.
When life happens, experience matters.
At Breslow Law Offices, we've helped people facing a serious allegations beat eluding or evading arrest charges and other criminal law offenses for over 45 years. Want to increase your odds of beating an evading arrest charge in New Jersey? Enlisting the expertise of an experienced criminal defense attorney as soon as possible is a good first step.
In this article, we'll discuss four defense strategies that can be used to beat an evading arrest charge in New Jersey and how our law firm can help.
If you have questions about a criminal charge or your legal options, our knowledgeable criminal defense attorney can help.
Call 973-239-8000 or contact us online to schedule a free consultation with a defense lawyer at Breslow Law Offices.
What's Considered Eluding or Evading Arrest under New Jersey Law?
In New Jersey, evading arrest or eluding a law enforcement officer is an offense when someone willfully runs away from the police after being given any signal (like flashing lights or sirens) to halt their vehicle.
This criminal offense is classified under N.J.S.A 2C:29-2 - Resisting arrest, eluding officer, and is considered either a second-degree or third-degree offense, depending on the circumstances of the alleged event.
Four Defense Strategies to Beat Charges for Eluding a Police Officer
Facing an evading arrest charge in New Jersey can be intimidating. Yet, it is essential to recognize that there are numerous defense strategies our lawyers can utilize to get your charges reduced, dismissed, or dropped.
A skilled attorney will carefully analyze your case and develop the most effective strategy based on the specific circumstances surrounding your arrest.
Here are a few strategies your attorney may employ:
1. Lack of Knowledge
The first possible defense against an evading arrest charge is arguing that you were unaware that a law enforcement officer was attempting to stop you. You can only be convicted of evading arrest if you knew or should have known that the officer was trying to apprehend you. If you can prove that you were unaware of the police officer's attempt to capture you, you may have a valid defense.
To successfully use this defense, your attorney must present evidence demonstrating that any reasonable person in your situation would not have known they were being pursued by law enforcement. This could include factors such as poor visibility or excessive noise levels during the alleged evasion.
2. Unlawful Stop or Unlawful Arrest
In some cases, it may be possible to argue that your initial traffic stop was unlawful or unjustified. For a police officer to pursue you, they must have reasonable suspicion or probable cause. If they did not have a valid reason to stop you in the first place, you may have a defense against the evading arrest charge.
If a police officer did not have probable cause or reasonable suspicion for stopping you, any subsequent actions (including attempting to evade) may be deemed invalid by a court of law in New Jersey.
Your criminal defense attorney can review dashcam footage and other evidence related to your stop to determine if this argument may apply to your situation.
3. No Intent to Elude
To be convicted of evading arrest, the prosecution must prove that you willfully avoided arrest or detention, or deliberately sought to flee from law enforcement.
As a result, your attorney could argue that you did not intend to evade the police and instead attempted to find a safe place to pull over or comply with their instructions. If your lawyer can show that your actions were not intended to elude a police officer, you may be able to argue that you did not commit the crime.
This defense will require presenting evidence of your actions during the incident in question.
4. Challenging the Police Officer's Version of Events
Lastly, in some cases, your attorney can dispute the arresting police officer's narrative of events preceding and during your arrest.
If the officer's account of events is inaccurate, your attorney may be able to challenge their testimony during the trial. This process can involve presenting witnesses, video evidence, or other means contradicting the officer's version of events.
By questioning inconsistencies in their testimony or pointing out discrepancies between their account and other available evidence (such as dashcam footage) can help create reasonable doubt about whether you genuinely evaded arrest as alleged by law enforcement.
Defending against an evading arrest charge requires a thorough understanding of resisting and eluding laws and solid legal representation; however, with the proper methods and legal representation, it's possible to overcome the charges in even the toughest cases.
Grasping the intricacies of New Jersey's juridical framework is vital for formulating a successful counter to this type of allegation.
Key Takeaway: To beat an evading arrest charge in New Jersey, a criminal defense lawyer may use various strategies such as arguing lack of knowledge, unlawful stop, no intent to elude, or challenging the officer's version of events. Our law firm provides strong legal representation and uses a thorough understanding of criminal law to help get your charges reduced, dismissed, or dropped.
Potential Consequences for Evading Arrest Charges (N.J.S.A 2C:29-2)
Being convicted of evading arrest charge can have severe repercussions under N.J.S.A 2C:29-2. Not only can this result in a criminal record, but it can also lead to many legal and financial consequences.
You may find yourself facing hefty fines, probation, or even imprisonment. An arrest can significantly impact your career prospects as it may limit your future job opportunities.
Penalties for these types of resisting arrest charges include:
- Second-Degree Crime: Punishable by imprisonment for five to ten years and fines up to $150,000.
- Third-Degree Crime: Punishable by imprisonment for three to five years and fines up to $15,000.
- License suspension: Your driver's license may be suspended upon conviction for six months up to two years at the court's discretion.
Get the Help You Need to Fight Your Evading Arrest Charge in New Jersey
Given the severity of potential consequences, getting legal representation from a skilled criminal defense attorney is essential when facing an evading arrest charge. A knowledgeable defense lawyer can help you navigate the complex legal process and build a strong defense strategy tailored to your case.
If you or someone you know is facing an evading arrest charge in New Jersey, don't hesitate to contact Breslow Law Offices for experienced guidance and dedicated representation throughout this challenging time.
Understanding the elements of an evading arrest charge is essential to build a defense strategy and having the best chance of beating it. Several defenses can be used to beat an evading arrest charge in New Jersey.
Key Takeaway: Evading arrest in New Jersey can lead to severe consequences, including imprisonment and fines. It is crucial to seek legal representation from an experienced criminal defense attorney when facing such allegations. An adept legal representative can aid in going through the intricate judicial process, devise a robust defense approach tailored to your particular case, and safeguard your privileges for the most desirable result.
Understanding the Legal Process in New Jersey
Once you understand the legal process in New Jersey, we will guide you through the steps of fighting an evading arrest charge, from initial arrest and booking to trial and sentencing.
1. Arrest and Booking
The first step in the legal process is arrest and booking. When a police officer suspects you have committed a crime or violated traffic laws while attempting to evade them, they may place you under arrest.
It's essential to remain composed and not utter words without consulting a lawyer when arrested. After being apprehended, your particulars and data regarding the supposed infraction will be noted as you are taken into custody at a nearby law enforcement station.
2. Pre-Trial Conference
A pre-trial conference is typically held after charges are filed against you by either indictment or complaint summons. This meeting allows both parties (prosecution and defense) to discuss possible resolutions before trial.
Your criminal defense attorney will work diligently during this stage of proceedings on your behalf by negotiating potential plea deals or requesting dismissal based on insufficient evidence or procedural errors made during your case investigation.
Types of plea bargains and motions that may negotiated or entered before a trial include:
Plea Bargains:
- Negotiating reduced charges;
- Limited jail time;
- Alternative sentences such as probation or community service.
Motions:
- Filing motions for suppression of evidence due to unlawful search/seizure;
- Motions to dismiss charges based on lack of probable cause or insufficient evidence;
- Motions for a change of venue if necessary.
3. Trial
The case will go to trial if a plea bargain cannot be reached. This is where your attorney will present your defense and argue your case in court.
The prosecution and defense will present their evidence at trial before a judge or jury to decide your guilt. During the trial, your attorney will strive to create doubt about your guilt by cross-examining witnesses and presenting alternative theories.
This may include:
- Questioning witnesses' credibility;
- Presenting expert testimony;
- Casting doubt on police procedures and handling of evidence.
4. Sentencing
In New Jersey, evading arrest can result in severe penalties such as fines, jail time, probation, community service requirements, driver's license suspension/revocation, or even vehicle forfeiture, depending upon circumstances surrounding the offense & prior convictions (if any).
If you are found guilty at trial, the judge will determine the appropriate penalty and/or sentence based on several factors, such as the severity of the crime and your prior criminal record.
If convicted, an experienced criminal defense attorney can advocate for leniency from the court and highlight mitigating factors that may lead to reduced penalties.
Understanding the legal process in New Jersey is essential for anyone facing an evading arrest charge. Understanding your legal rights can help you choose the most effective way to deal with your charges.
We are here to help guide you through this stressful time by providing experienced criminal defense counsel that will fight hard on your behalf.
Key Takeaway: Facing an evading arrest charge in New Jersey requires knowledge of the legal process, from being arrested and booked to attending a pre-trial conference where plea bargaining or motions may be negotiated. A criminal defense attorney will advocate on your behalf throughout the legal process.
How Breslow Law Offices Can Help Defend Your Rights
If you've been charged with a criminal offense in New Jersey, our team of experienced criminal defense attorneys will ensure your legal rights are protected and that you receive fair treatment under the law.
This section will discuss how our expertise can benefit you when defending against an evading arrest charge.
Experience & Expertise in Criminal Defense
With over 45 years of combined experience, the defense lawyers at Breslow Law Offices have successfully defended thousands of clients facing various criminal charges, including evading arrest, eluding arrest, and resisting arrest throughout the state.
Our deep understanding of New Jersey's laws and extensive courtroom experience enables us to build strong defenses tailored to your unique situation.
A Personalized Approach to Each Client
We recognize that every situation is unique. We will examine each detail of your case before forming the best strategy personalized for you.
Analyzing all available evidence, we strive to create a tailored defense strategy to help you achieve the most favorable outcome. This may include:
- Lack of Knowledge: We may argue that you were unaware that law enforcement was attempting to stop or apprehend you during the incident.
- Unlawful Stop: If there was no probable cause for initiating the traffic stop leading up to your alleged evasion attempt - we could challenge its legality in court.
- No Intent to Elude: We can argue that your actions were not intentional and instead resulted from confusion, fear, or other factors.
- Challenging the Officer's Version of Events: By cross-examining the arresting officer and presenting alternative evidence - we can cast doubt on their testimony regarding your alleged evasion attempt.
Dedication to Getting Your Charges Reduced, Dismissed, or Dropped
At Breslow Law Offices, our ultimate goal is to help you avoid a conviction for evading arrest.
Depending on the circumstances surrounding your case and the strength of our defense strategy, we will work tirelessly towards getting your charges reduced (e.g., downgraded to a lesser offense), dismissed entirely due to insufficient evidence or procedural errors by law enforcement officers during their investigation process; or dropped altogether if it becomes clear that no criminal activity occurred.
If you are facing an evading arrest charge in New Jersey, take action now and contact Breslow Law Offices today for a free consultation.
Key Takeaway: Breslow Law Offices works to identify any weaknesses in the prosecution's case and develop the best defense strategy to fight eluding allegations or minimize the consequences of a conviction.
Take Action Now: Get Your Evading Charge Reduced, Dismissed, or Dropped
Don't let an evading arrest charge in New Jersey ruin your life.
Getting the help of a skilled criminal defense attorney from Breslow Law Offices can increase your chances of having your charges reduced, dismissed, or dropped altogether.
Don't wait; time is crucial when fighting a severe offense.
With years of experience handling thousands of criminal cases, including evading arrest charges in the New Jersey court system, our criminal defense lawyers can provide valuable advice, representation, and guidance throughout the legal process, including during plea negotiations and court proceedings.
If you're facing an evading arrest charge in New Jersey and need expert guidance on how to beat your accusations effectively, contact Breslow Law Offices today.
Call 973-239-8000 or contact us online to schedule a free consultation.
Final Thoughts
Navigating an evading arrest accusation in NJ can be challenging, yet it is vital to know that there are options for contesting the charge is critical.
By understanding what an evading arrest charge is and working with an experienced defense lawyer at Breslow Law Offices, you can increase your chances of getting reduced charges or having the court dismiss your case entirely.
To have the best chance of beating your eluding charge, you must be familiar with New Jersey's legal process and how it relates to your case. With the proper guidance and support, you can take action now and work towards beating your evading arrest charge.
If you're facing an evading arrest charge in New Jersey, don't hesitate to contact Breslow Law Offices today. With over 45 years of experience in criminal defense throughout New Jersey, our lawyers are devoted to defending your rights and have the expertise to resolve your case favorably.
